The Supreme Court of Justice (SCJ) confirmed a sentence by which a court in La Vega sentenced Edenorte to return RD$212,236.70 that exceeded the billing charge for electricity service to a user.
The High Court’s decision relates to a claim made by Felix Anthony Garciaa resident of Bonao, alleging overbilling, and after inspecting the meter it was found that it had defects and the electronic card was damaged, which raised the billing for the energy service from an average of RD$30,000 to RD$47,000 in 2011.
García was favored with a ruling from the Civil and Commercial Chamber of the Court of First Instance of Monsignor Nouel; Edenorte appealed and then appealed in cassation before the SCJ, whose First Chamber ratified it.
Can read: EDENORTE will submit “Somos Pueblo” to justice for defamation
“In cases in which the electricity meter presents faults inherent to it and, therefore, excessive charges are made in the billing of the current month, if in the following month it is found that the device in question continues with faults, the The distribution company must pay the client or titular user the amount of the amounts received in excess when it incurs excessive charges”, clarifies the decision.
In this sense, the aforementioned chamber through judgment no. SCJ-PS-22-1532, dated May 31, 2022, rejects the appeal filed by Empresa Distribuidora de Electricidad del Norte, SA (Edenorte Dominicana), against civil judgment no. 204-2017-SSEN-00247, dated September 29, 2017, issued by the Civil and Commercial Chamber of the Court of Appeal of the Judicial Department of La Vega, a lawsuit that has its origin in a claim for compensation for damages caused in the amount exceeded in the billing of the electric service.
